Houston Pedestrian Accident Lawyer

What is a Pedestrian Accident?

A pedestrian accident is a collision involving a person on foot and a vehicle. In Houston, these accidents frequently occur when pedestrians are struck by cars, trucks, motorcycles, bicycles, scooters, or public transportation vehicles like METRO buses. These incidents can happen anywhere people walk and vehicles operate, including intersections, crosswalks, parking lots, and sidewalks throughout Houston’s diverse neighborhoods.

Because pedestrians have no physical protection, these accidents often result in severe injuries or fatalities, particularly on high-speed roadways like I-10, I-45, and the 610 Loop. To reduce risks, both drivers and pedestrians need to maintain extreme caution. Drivers should remain vigilant, especially in areas like downtown, the Medical Center, or near the University of Houston. Pedestrians should use designated crosswalks and obey traffic signals, particularly on busy streets.

Houston Pedestrian Accident Statistics

Pedestrian safety is an urgent concern in Houston. According to the Texas Department of Transportation (TxDOT), Harris County consistently ranks among the highest in the state for pedestrian fatalities and serious injuries. Houston averages over 60 pedestrian deaths annually, with pedestrians accounting for approximately 25% of all traffic-related fatalities in the city. This troubling trend is part of a national increase in pedestrian deaths of 27% in recent years.

As part of Houston’s Vision Zero initiative, the city is taking steps to reduce traffic fatalities by improving crosswalks, enhancing intersection safety in high-risk areas, and increasing public awareness. These statistics highlight the critical need for continued safety improvements across Houston.

Where Do Most Houston Pedestrian Accidents Occur?

Texas statistics show that while about 20% of Houston pedestrian accidents happen at intersections, the majority occur on roads and highways when people are crossing or walking alongside busy streets. Certain areas in Houston are particularly dangerous for pedestrians.

Some of the most hazardous roads include I-45, Highway 59/I-69, I-10, the 610 Loop, Westheimer Road, Bellaire Boulevard, and FM 1960. High-risk intersections include Shepherd Drive and Allen Parkway, Westheimer and Hillcroft, and Main Street and Wheeler Avenue near the Medical Center. The skilled team at The Nguyen Injury Law Firm knows the Houston area, the local court system, and can use this knowledge to help you successfully resolve your claim.

Common Injuries in Houston Pedestrian Accidents

Pedestrian accidents often result in devastating injuries due to the vulnerability of the person on foot. Our legal team regularly represents clients suffering from a wide range of injuries, from moderate to catastrophic. These include:

• Traumatic Brain Injuries (TBIs): Head injuries can have long-lasting effects on cognitive function and quality of life, often requiring extensive rehabilitation at facilities like TIRR Memorial Hermann.

• Spinal Cord Injuries: Severe damage to the spinal cord can lead to paralysis and other lifelong disabilities, with treatment costs being overwhelming without proper compensation.

• Fractures and Crush Injuries: Broken bones and crushed limbs are common and often require extensive medical treatment and rehabilitation.

• Loss of Limbs: Accidents can result in amputations, leading to profound physical and emotional effects and expenses for prosthetics and specialized care.

• Internal Bleeding: The force of impact can cause life-threatening internal organ damage that requires immediate treatment at a Level I trauma center.

• Mental Health Conditions: Victims often suffer from Post-Traumatic Stress Disorder (PTSD) and other psychological effects that require specialized treatment.

• Wrongful Death: Tragically, many pedestrian accidents are fatal. Our compassionate lawyers can help families seek justice and compensation for their loss.

Understanding Texas and Houston Pedestrian Laws

Specific laws in Texas are in place to protect pedestrians. Understanding these laws is crucial if you’ve been involved in an accident.

• Traffic Signals (Section 552.001): Pedestrians facing a green signal may proceed across the roadway in a crosswalk. A steady yellow or red signal prohibits pedestrians from entering the roadway.

• Walk Signals (Section 552.002): A “Walk” signal gives a pedestrian the right-of-way to cross. If the signal changes to “Don’t Walk” while crossing, you must proceed to the sidewalk or safety island.

• When Drivers Must Yield (Section 552.003): Vehicle operators must yield to pedestrians in a crosswalk that does not have a traffic signal. However, a pedestrian must not suddenly leave a curb and enter the path of a vehicle.

In addition, Houston has local ordinances that complement these state laws, such as enhanced pedestrian safety zones in areas with high foot traffic like downtown and the Medical Center.

Establishing a Houston Pedestrian Accident Claim

To recover damages, your lawyer must prove that the driver was negligent and caused your injuries. This involves establishing four key elements:

1. Duty of Care: All drivers in Houston have a legal duty to operate their vehicles safely and follow traffic laws to protect pedestrians.

2. Breach of Duty: Show that the driver breached this duty by acting negligently, such as by speeding, texting while driving, or running a red light.

3. Causation: Establish that this breach directly caused your injuries and the accident would not have occurred otherwise.

4. Document Damages: Present evidence of your injuries, medical expenses, lost wages, pain and suffering, and other damages.

It’s important to note that Texas follows a “modified comparative negligence” rule. This means your compensation may be reduced if you’re found partially at fault, but you can still recover damages as long as you’re less than 51% responsible.

Common Causes of Pedestrian Accidents in Houston

Understanding the common causes of these accidents can help establish liability in your case. Frequent factors include:

• Distracted Driving: Drivers using cell phones or other devices often fail to notice pedestrians, especially in busy areas like the Galleria or downtown.

• Speeding: Excessive speed reduces a driver’s reaction time and increases the severity of injuries.

• Intoxicated Driving: Drivers under the influence of alcohol or drugs have impaired judgment and slower reaction times.

• Failure to Yield: Many drivers fail to yield to pedestrians at crosswalks or when making turns at intersections.

• Poor Weather Conditions: Houston’s frequent heavy rain and flooding can reduce visibility and create hazardous conditions.

• Inadequate Infrastructure: Some areas of Houston lack proper sidewalks, crosswalks, and pedestrian signals, increasing risks for pedestrians.

Who Can Be Held Liable in a Houston Pedestrian Accident?

Determining liability is a crucial step. Texas law allows for multiple parties to be held responsible for their negligence. Potentially liable parties include:

• Negligent Drivers: The most common liable party is the driver who struck the pedestrian.

• Vehicle Owners: If the driver was using someone else’s vehicle, the owner might share liability under negligent entrustment.

• Employers: If the driver was working at the time, their employer may be vicariously liable.

• Government Entities: The City of Houston or Harris County may be liable if dangerous road conditions or malfunctioning signals contributed to the accident.

• Rideshare Companies: Companies like Uber and Lyft may share liability depending on the driver’s status at the time of the accident.

• Vehicle Manufacturers: If a vehicle defect, such as faulty brakes, contributed to the crash.

• Construction Companies: If a company failed to provide proper signage or safe walkways in a construction zone.

The Deadline for Filing a Pedestrian Accident Claim in Texas

In Texas, you have a limited time, known as the statute of limitations, to file a personal injury claim.

• Two-Year Deadline: You generally have two years from the date of your accident to file a lawsuit.

• Government Entity Exceptions: If your accident involved a government entity like a METRO bus, you may have a much shorter timeframe to file a notice of claim—as little as 90 days in Houston.

Acting quickly is critical. Evidence disappears, witnesses’ memories fade, and surveillance footage may be erased. The sooner you contact an attorney, the better they can preserve evidence and build the strongest possible case on your behalf.

How a Houston Pedestrian Accident Lawyer Can Help

An experienced attorney can provide invaluable assistance by handling every aspect of your case while you focus on recovery. This includes:

• Thorough Investigation: Collecting police reports, surveillance footage, witness statements, and expert opinions.

• Medical Documentation: Gathering and organizing your medical records to create a comprehensive picture of your injuries and future needs.

• Insurance Negotiations: Handling all communications with insurance companies, who often try to minimize payouts.

• Litigation Preparation: Preparing every case as if it will go to trial in a Harris County court, which often leads to better settlement offers.

Houston Hospitals & Pedestrian Accident Resources

Houston is home to world-class medical facilities that provide excellent care for pedestrian accident victims. Seeking prompt medical attention is crucial for both your health and your legal claim. Major facilities include Memorial Hermann-Texas Medical Center, Ben Taub Hospital, and Houston Methodist Hospital.

Safety resources are also available through organizations like Houston Vision Zero and the Houston-Galveston Area Council Pedestrian & Bicycle Program, which work to improve infrastructure and advocate for safer streets.

Let Our Houston Pedestrian Accident Lawyers Fight For You

At The Nguyen Injury Law Firm, we combine deep legal expertise with compassionate client service to help you rebuild your life. Our local knowledge of Houston’s streets and court systems gives us an edge in building your case. We work on a contingency fee basis, meaning you pay nothing unless we secure compensation for you. We are committed to standing by your side and fighting tirelessly for the full and fair compensation you deserve.